THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 615-14
Date of Institution : 21.11.2014
Date of Decision : 29.05.2015
Bhupinder Singh s/o Balwinder Singh
Balwinder Singh S/o Vir Singh both R/o village Maan Saindwal, Tehsil Batala,District Gurdaspur
...Complainants
Vs.
Mahajan Traders through its proprietor 15 Chitra Talkies Road, Amritsar
National Seeds Corporation Ltd., Regional Office C-25, Focal Point, Jalandhar, through its authorized officer
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainants : Sh. G.S.Sandhu,Advocate
For the opposite party No.1 : Sh. Manoj Kumar,Advocate
For opposite party No.2 :Sh.Rakesh Kumar Sharma,Advocate
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by S/Sh. Bhupinder Singh and Balwinder Singh under the provisions of the Consumer Protection Act alleging therein that they purchased the seeds variety of paddy 1509 of 30 kg for his 7 acres vide bill No. 8 dated 8.5.2014 for Rs. 3000/-. After the purchase of the seeds , complainants planted the said seeds in his 7 acres and it came to their notice that there was adulteration/mixture of 1/3rd ratio of PUSA 1121 in the plants of PUSA 1509.Then the complainant approached the opposite party 1 and requested for spot inspection of the fields of the complainants, but nobody from the opposite parties came to inspect the fields of the complainant. Thereafter complainants moved Complaint to the Agriculture Officer, who inspected the fields of the complainants and gave their report that there was adulteration/mixture of 1/3rd of PUSA 1121 in the plants of PUSA 1509. Complainants have alleged that PUSA 1509 variety takes about one month less than that of 1121 variety of paddy for its harvesting and the average yield of the PUSA 1509 is 22 to 25 quintals per acre and the average market rate is Rs. 2200/ to Rs. 2500/- per quintal. But due to adulteration, the average yield of the crop of the complainants was 7 quintal per acre and as such the complainant suffered a total loss of Rs. 3,15,000/- for seven acres and also suffered further loss of Rs. 1,80,000/- per acre as he was not able to sow his potatoes crops in his fields.Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite parties to pay Rs. 3,15,000/- for 7 acres of land regarding the loss suffered by the complainant. Opposite parties be also directed to pay Rs. 12,60,000/- for 7 acres i.e. Rs. 1,80,000/- per acre on account of missing of potato crop. Compensation of Rs. 2,00,000/- alongwith litigation expenses were also demanded.
2. On notice opposite party No.2 appeared and filed written version in which it was submitted that they are under the control of Central Govt and all the production, grading and packing took place in the presence of skilled/technical agricultural officers. It was submitted that as per the recommendation for package of practices for paddy of Punjab Agricultural University, Ludhiana 8-10 kg seeds ar required for one acre land . It was submitted that same seeds were supplied to other suppliers in Punjab & Haryana but not even a single complaint has been received by them. It was submitted that complainant has purchased the seeds from opposite party No.1 and there are also some other complaints against opposite party No.1. Therefore if the seed of best quality is not sold by the opposite party No.1 in that case only opposite party No.1 is liable . Season and time of cultivation or sowing of both the seeds i.e. PUSA 1509 and PUSA 1121 are different which are as under :-
P-1509 Time of Sowing :PUSA 1509- Second fortnight of June
Transplanting :PUSA 1509-Second fortnight of July
Height : 94 cm
Yield : 15.7 quintal per acre
Maturity : PUSA 1509- 125 days after seeding
P-1121 : Time of Sowing :PUSA 1121- first fortnight of June
Transplanting :PUSA 1121- first fortnight of July
Height : 120 cm tall
Yield : 13.7 quintal per acre
Maturity : PUSA 1121- 137 days after seeding
3. It was denied that complainant suffered a loss of Rs. 50000/- per acre due to illegal and unlawful acts of the opposite party. While denying and controverting other allegations, dismissal of complaint was prayed.
4. Opposite party No.1 in its written version has submitted that they have sold the seeds in sealed conditions. The replying opposite party is only dealer and distributor of opposite party No.2. It was submitted that opposite party No.2 is manufacturer and if there was any defect found in the seeds, the opposite party No.2 is only responsible for the same as the replying opposite party sold the seeds in sealed condition . It was further submitted that complainant has not mentioned the batch number of the seeds which he allegedly purchased . The seeds of 1121 and 1509 are almost identical and cannot be differentiated by an ordinary person and in this case it seems that the farmer has mixed the seeds with each. While denying and controverting other allegations, dismissal of complaint was prayed .
5. Complainant tendered into evidence his affidavit Ex.C-1, copy of bill of seeds of Potatoes Ex.C-2, copy of J-form Ex.C-3, copies of bills of potatoes Ex.C-4,C-5 and C-6, copy of invoice of seed purchased from opposite party No.1 Ex.C-7, copy of application moved to Agricultural Officer Ex.C-8, copy of report given by the Agricultural Officer Ex.C-9, copy of Jamabandi Ex.C-10 and C-11, certificate issued by Agricultural Development Officer Ex.C-12, photographs Ex.C-13 and C-14.
6. Opposite party No.1 tendered affidavit of sh.Joginder Pal Mahajan Ex.OP1/1, copies of legal notices Ex.OP1/2 to Ex.OP1/4, copy of bill Ex.OP1/5 to Ex.OP1/7, copy of postal receipt Ex.OP1/8 to Ex.OP1/10.
7. Opposite party No.2 tendered affidavit of Sh.Bal Kishan Dhiman Ex.OP2/1, copy of package of practices for the crop of Punjab Kharif 2013 Ex.OP2/2, copy of unfinished agenda of NSC to travel next mile Ex.OP2/3, certificate issued by National Seeds Corporation Ltd. Ex.OP2/4.
8. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by the parties with the valuable assistance of the ld.counsel for the parties.
9. From the record i.e.pleadings of the parties and the evidence produced on record by the parties, it is clear that complainant purchased 30 kg of seeds of Pusa-1509 for the paddy crop for the area of 7 acres from opposite party No.1 vide bill No. 8 dated 8.5.2014 Ex.C-7. The complainant sowed the said seeds of Pusa 1509 and after germination transplanted the plants in their fields of 7 acres. When the crop came at the stage of fruit, it came to the notice of the complainant that there was adulteration/mixture of seed of PUSA 1509 and PUSA 1121. The said seeds were purchased by the complainant from the opposite party No.1 in sealed packs which were manufactured by opposite party No.2. The complainant approached opposite party No.2 and requested for spot inspection of the fields but nobody turned up from opposite party No.2 to inspect the fields of the complainant. The complainant then moved complaint to Agricultural Officer, Fatehgarh Churian, who inspected the spot and submitted his report that there was adulteration/mixture of 1/3rd ratio of PUSA 1121 in the plants of PUSA 1509 and with the result the complainant suffered great financial loss. The complainant further submitted that PUSA 1509 variety takes about one month less than that of 1121 variety of paddy for its harvesting. The average yield of PUSA 1509 is 22 to 25 quintals per acre and the average market rate is Rs. 2200/- to Rs. 2500/- per quintal. Whereas the average yield of the crop of the complainants was 7 quintal per acre as such the complainants suffered huge loss i.e. about Rs. 45000/- per acre . As such he has suffered total loss of about Rs. 3,15,000/- for 7 acres of land. Not only this complainants further suffered loss of Rs. 1,80,000/- per acre as he was not able to sow the potato crop due to the adulteration/mixture of seeds as the complainants were not able to cut the crop within time. Ld.counsel for the complainants submitted that all this amounts to deficiency of service on the part of the opposite parties, as a result of which complainants suffered huge financial loss.
10. Whereas case of opposite party No.1 is that they are only the dealer and distributor of of opposite party No.2, who is the manufacturer and used to sell the seeds in proper sealed packs . The opposite party No.1 purchased the seeds in sealed conditions from opposite party No.2 vide bills Ex.OP1/5 and Ex.OP1/7 and sold th same in sealed conditions to the complainants. As such the opposite party No.1 is not liable for defect, if any in the seeds.
11. Whereas case of opposite party No.2 is that replying opposite party is under the control of Central Government and all its production, grading and packing took place in presence of skilled/technical agricultural officers. The same are properly tested and given batch number under the supervision of skilled/expert agricultural officers. As per the instructions of Punjab Agricultural University Ludhiana, 8-10 kg seeds are required for one acre land. But the complainants purchased only 30 kgs of PUS 1509 seed for 7 acres . As per the aforesaid norms the seed was required about 60 kg. So the photographs produced by the complainants Ex.C-13 and Ex.C-14 prove that the crop was densely planted which proves that the complainants might have mixed the seed PUSA 1121 with seed of PUSA 1509. Opposite party further submitted that as per instructions of Punjab Agricultural University Ludhiana (Kharif season package and practice) tim of sowing of PUSA 1509 is different i.e. second fortnight of June , time of transplanting is second fortnight of July and its maturity is 125 days after seeding and the yield is 15.7 quintal per acre and not 25 quintal per acre, as alleged by the complainants. Whereas the time of sowing of PUSA 1121 is the first fortnight of June, time of transplanting is first fortnight of July, its maturity is 137 days after seeding and yield is 13.7 quintal per acre. The complainants have not mentioned as to when they have sown the aforesaid seeds and when they transplanted the same nor the complainants got tested the seeds allegedly purchased from opposite party No.1 from any Laboratory to find out whether there was any defect or adulteration in the seed of PUSA 1509 allegedly purchased by the complainants from opposite party No.1 under the sealed packs of opposite party No.2. Ld.counsel for the opposite party submitted that complainants have failed to prove on record any adulteration made by the opposite party in the sealed packs of the seeds , as such there is no deficiency of service on the part of the opposite party qua the complainant.
12. From the entire above discussion, we have come to the conclusion that the complainant purchased 30 kg of seed of PUSA 1509 for the paddy crop in the area of 7 acres land vide bill dated 8.5.2014 Ex.C-7 from opposite party No. 1 in sealed packets of opposite party No.2 National Seeds Corporation. The complainant sow the said 30 kg seed of PUSA 1509 and transplanted the plants in his 7 acres of land . When the crop matured at the stage of fruits, it came to the notice of the complainant that there was adulteration/mixture of PUSA 1509 and PUSA 1121. As per the complainant version the said seed was purchased by the complainant from opposite party No. 1 in sealed packets which were manufactured by opposite party No.2 , as such no liability can be fastened to opposite party No.1 regarding any defect in the seed as opposite party No.1 sold the seed in sealed packets of opposite party No.2. The complainant alleges that he approached opposite party No.2 and requested for spot inspection but nobody from the opposite parties came to inspect the fields of the complainants. Thereafter complainant moved the complaint to Agriculture Officer, Fatehgarh Churian and the spot inspection of the fields/crop was done by the Agriculture Officer , who gave the report that there was adulteration/mixture of 1/3rd ratio of PUSA 1121 in the plants of PUSA 1509 and with the result the complainant suffered great financial loss. The complainant approached the Agriculture department who submitted their report dated 17.9.2014 in which they submitted that there are two kinds of plants grown in the fields of the complainant . The average yield of PUSA 1509 is 22 to 25 quintals per acre and the average market rate is Rs. 2200/- to Rs. 2500/- per quintal, whereas the average yield of the crop of the complainants was 7 quintal per acre, as such the complainant suffered total loss of about Rs. 3,15,000/- from 7 acres of land.
The entire documentary evidence produced by the complainant fully proves that he purchased only 30 kg of seed of PUSA 1509 for his 7 acres of land, whereas as per instructions and recommendations of Punjab Agriculture University, Ludhiana 8 kg to 10 kg seed is required for 1 acre of land as per norms of Agricultural recommendation. As such for proper plantation atleast 60 kg seed was required for 7 acres of land of the complainant. But the complainants have purchased only 30 kg of seed. The photographs produced on record by the complainant Ex.C-13 and C-14 prove that the crop was densely planted which proves that the complainant might have mixed the seed PUSA 1121 with seed of PUSA 1509, otherwise crop could not be densely planted as is seen in the photographs Ex.C-13 and C-14. Apart from this as per instructions of Punjab Agricultural University, Ludhiana (Kharif season package and practice) time of sowing of PUSA 1509 is different i.e. second fortnight of June , time of transplanting is second fortnight of July and its maturity is 125 days after seeding and the yield is 15.7 quintal per acre and not 25 quintal per acre, as alleged by the complainants. Whereas the time of sowing of PUSA 1121 is the first fortnight of June, time of transplanting is first fortnight of July, its maturity is 137 days after seeding and yield is 13.7 quintal per acre. The complainants have failed to prove on record as to when they have sown the aforesaid seed and when they transplanted the plants. The complainants also failed to get tested the packets of seed allegedly purchased from opposite party No.1, from any Laboratory to find out whether there was any defect or adulteration in the packed seed of PUSA 1509 manufactured by opposite party No.2 National Seed Corporation and allegedly purchased by the complainant from opposite party No.1 in sealed packets. The complainants have not mentioned the batch number of the sealed packets of the seed PUSA 1509 allegedly prepared/packed and sealed by opposite party No.2 National Seed Corporation nor the complainant has mentioned the date of its packing, etc. So the complainants have failed to prove on record that the seeds of PUSA 1509 purchased by the complainants from opposite party No.1 in sealed packets of opposite party No.2, were adulterated or mixed with seed PUSA 1121.Ld.counsel for the complainant relied upon the rulings of the Hon'ble Supreme Court of India in case H.N.Shankara Shastry Vs. The Asstt.Director of Agriculture, Karnataka 2004(2) CPJ 37 (SC) in which it was held that where the Forum is satisfied that the goods supplied to the consumer were defective and the consumer suffered, grant of relief to consumer does not depend upon whether he should have made alternative arrangement to avoid the loss or not . Same view has been held by the Hon'ble National Commission in case Area Manager, National Seeds Corporation Ltd. Vs. A.Karuppanan Serval and Ors Revision Petition No. 668 to 690 of 1994 decided on 9.11.1995 . The facts of the present case are totally different as in the present case the complainant has failed to prove on record that the goods I.e. seeds purchased by the complainant were defective or adulterated.Therefore, we hold that the complainants could not prove any deficiency of service on the part of the opposite parties qua the complainant.
13. Resultantly we hold that complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
29.05.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
/R/ Member Member
